Day: 5 April 2023
BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Official Receiver v Shop Direct Finance Company Ltd [2023] EWCA Civ 367 (05 April 2023)
London Luton Hotel BPRA Property Fund LLP v Revenue And Customs [2023] EWCA Civ 362 (04 April 2023)
Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 (04 April 2023)
High Court (Administrative Court)
Adil v General Medical Council [2023] EWHC 797 (Admin) (05 April 2023)
Maidstone Borough Council v Beck & Ors [2023] EWHC 787 (Admin) (03 April 2023)
High Court (Chancery Division)
Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch) (04 April 2023)
Cutlers Holdings Ltd & Anor v Shepherd And Wedderburn LLP [2023] EWHC 720 (Ch) (04 April 2023)
High Court (King’s Bench Division)
Parkes v Hall & Anor [2023] EWHC 794 (KB) (04 April 2023)
Holt v Allianz Insurance Plc [2023] EWHC 790 (KB) (04 April 2023)
Source: www.bailii.org
A Real Shift – Substantial Changes to CPR 44.14 – 3PB
‘Currently set off of a defendant’s costs against a claimant’s costs is precluded where it exceeds the monetary cap reflecting the total of any orders for damages and interest made in a claimant’s favour (Ho v Adelekun [2021] UKSC 43). Moreover, a defendant can only enforce their costs against damages and interest ordered in a claimant’s favour, i.e. not against a settlement made in the claimant’s favour (Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654).’
3PB, March 2023
Source: www.3pb.co.uk
The English courts found to have jurisdiction where an alternative forum was available – Mills & Reeve
‘In a complex piece of litigation in which international fraud is alleged, four defendants contested the jurisdiction of the English courts to hear the claims and the associated insolvency applications. Applying the two-stage test in Spiliada Maritime Corp v Cansulex Ltd [1987], the Court dismissed the applications.’
Mills & Reeve, 3rd April 2023
Source: www.mills-reeve.com
Closed Material Procedures in Immigration Cases – Richmond Chambers
‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’
Richmond Chambers, 24th March 2023
Source: immigrationbarrister.co.uk
100 former rugby league players start legal fight with RFL over brain injuries – The Guardian
‘Legal proceedings have been formally issued against the Rugby Football League on behalf of 100 former league players who contend the sport was negligent in failing to take reasonable action to protect them from serious brain injuries.’
The Guardian, 4th April 2023
Source: www.theguardian.com
Divorce reform: work finally begins on finances review – Law Society’s Gazette
‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’
Law Society's Gazette, 4th April 2023
Source: www.lawgazette.co.uk
Civil Mediation – Becket Chambers
‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’
Becket Chambers, 22nd March 2023
Source: becket-chambers.co.uk
Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers
‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’
39 Essex Chambers, 14th March 2023
Source: www.39essex.com
Domestic abuse victims who do not live with abuser ‘to get better protection’ – The Independent
‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’
The Independent, 5th April 2023
Source: www.independent.co.uk
The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers
‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’
Parklane Plowden Chambers, 8th March 2023
Source: www.parklaneplowden.co.uk
Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog
‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’
12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023
Source: 12kbwemploymentlaw.wordpress.com
Statistics watchdog rebukes Sunak over inaccurate asylum backlog figures – The Guardian
‘Rishi Sunak and his immigration minister have been scolded by the UK statistics watchdog for using inaccurate figures to back up spurious claims about asylum seekers.’
The Guardian, 5th April 2023
Source: www.theguardian.com
Deported man extradited over reckless HIV infection jailed – BBC News
‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’
BBC News, 4th April 2023
Source: www.bbc.co.uk
Climate activist who allegedly held sign directed at jurors may be charged – The Guardian
‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’
The Guardian, 4th April 2023
Source: www.theguardian.com
Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers
‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’
Parklane Plowden Chambers, 3rd March 2023
Source: www.parklaneplowden.co.uk
Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers
‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’
Ropewalk Chambers, 31st March 2023
Source: ropewalk.co.uk
Report to set out details on compensation for victims of infected blood scandal – The Independent
‘Details on compensation for victims of the infected blood scandal is expected to be set out in a report.’
The Independent, 5th April 2023
Source: www.independent.co.uk
The Thirteen Axioms of Fact-finding – Ropewalk Chambers
‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’
Ropewalk Chambers, 1st March 2023
Source: ropewalk.co.uk
Liverpool school abuse: Survivors take legal action against council – BBC News
‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’
BBC News, 5th April 2023
Source: www.bbc.co.uk
